GSK Zofran Birth Defect Suits Should be Reinstated, Families Say

Hundreds of families asked the First Circuit to reinstate Zofran birth defect lawsuits against GlaxoSmithKline LLC, telling the court the drugmaker failed to show that the suits are preempted by federal drug labeling law.

Zofran was approved to treat nausea associated with chemotherapy. The families allege the drug was illegally promoted to treat pregnancy-related sickness, an “off-label” use.

Zofran caused heart defects and other problems in their children, and GSK didn’t adequately warn about its use during pregnancy, they said.

Their suits were thrown out last June, when the U.S. District Court for the District of Massachusetts said “impossibility ...